1. (a) If the executive director believes that the results of an enforcement investigation so warrant, he or she may commence a cease and desist order proceeding before the commission. The executive director shall formally commence such a proceeding by providing any person whom he or she believes to have acted or failed to act in such a manner as to trigger the application of section 30810(a) of the Public Resources Code, or who is threatening to so act, with notice of his or her intent to do so, unless the person waives the right to such notice. Such notice of intent may be given either as a provision of a cease and desist order issued pursuant to section 30809 of the Public Resources Code or by separate written communication delivered either (1) by certified mail, (2) by regular mail or electronic mail, receipt of which is confirmed by subsequent oral or written communication, or (3) by hand, and shall include, at minimum, the information specified in sections 13187(a)(4), (5), and (6) together with an explanation of the basis of the executive director's belief that the specified activity, threat, or failure to act meets the criteria of section 30810(a). The notice of intent shall be accompanied by a “statement of defense form” that conforms to the format attached to these regulations as Appendix A with an indication of when the completed form is due back to the Commission. The person(s) to whom such notice is given shall complete and return the statement of defense form to the Commission by the date specified therein, which date shall be no earlier than 20 days from transmittal of the notice of intent.

2. (b) The executive director may at his or her discretion extend the time limit for submittal of the statement of defense form imposed by any notice of intent issued pursuant to subsection (a) of this section, upon receipt, within the time limit, of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the executive director identifies to the party that requested the extension as being exempt from the deadline for the Statement of Defense form, and shall be valid only for such additional time as the executive director allows.

   Once the applicable deadline for the submittal of (i) the Statement of Defense form or (ii) any specific items or matters for which the executive director has provided an extended deadline has passed, no additional defenses, factual claims, or supporting evidence may be submitted unless the responding party demonstrates to the satisfaction of the Executive Director that the late response could not have been submitted earlier, in which case the late response may nevertheless trigger a delay in the proceedings pursuant to section 13185(d) or otherwise.

Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.

History

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).

2. Amendment of subsection (a) filed 1-12-98; operative 2-11-98 (Register 98, No. 3).

3. Amendment of subsection (a) filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).

4. Amendment of subsection (b) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).